GANGA DAYAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) - The appellant was charged for the offence u/ S. 366, I.P.C. and was convicted by the Assistant Sessions Judge for kidnapping a minor girl Asha Kumari aged 15 years on September 12, 1969 from Mohalla Maripur in Muzaffarpur town. He was sentenced to 7 years' rigorous imprisonment and also to pay fine of Rs. 1,000/- and in default to undergo the rigorous imprisonment for one year. Both the sentences were directed to run concurrently. The High Court confirmed the same. Thus this appeal by special leave under Art. 136.

(2.) The narrative of the prosecution case is as follows :-

(3.) These circumstances have been established conclusively from the evidence record. It is contended by the learned counsel for the appellant that the appellant being aged about 55 years would not have developed fancy for a minor girl and, therefore, it is a false Story that was concocted that he had abducted the minor girl. The self-same theory was put forth before the Sessions Court and the High Court and both the Courts, in our view quite appreciatively, have negatived the contention as fanciful defence set up by the appellant. Thus we do not find any compelling circumstances warranting interference in the conviction and sentence of the appellant. The appeal is dismissed. The bail bonds are cancelled and the appellant is directed to surrender to undergo the remaining part of his sentence.